Terms of Service

Website Usage & Permitted Use

• Lawful Use: You may use this website for lawful purposes only. Any misuse, unauthorized access, or distribution of content is strictly prohibited.
• Website Content: All content on this website (text, images, code, designs) is the intellectual property of Boxative unless otherwise stated. You may not copy, reproduce, or redistribute without permission.
• Contact Form: Information submitted through our contact form is handled according to our Privacy Policy in compliance with GDPR/DSGVO.

Services Offered

Boxative provides professional web design, development (React/Modern Stack), app development, UI/UX, and digital marketing services. Each project is delivered according to agreed specifications, timelines, and deliverables.

• Scope Definition: All projects begin with a clear scope of work outlining deliverables, timelines, and costs.
• Revisions: Standard projects include a defined number of revision rounds. Additional revisions may incur extra fees.
• Project Acceptance: Deliverables are deemed legally accepted if the Client (a) provides written confirmation, (b) puts the software into live/productive use, or (c) does not provide a written list of material defects within 10 business days of delivery.

Client Responsibilities & Data Safety

• Provision of Materials: Timely provision of materials and feedback is essential. Delays may extend project timelines.
• Infrastructure & Backups: Boxative is not a hosting or data storage provider. The Client is solely responsible for maintaining regular, independent backups of all data. We are not liable for data loss caused by server failures, hosting providers, or cyber-attacks.
• Security: We implement reasonable security measures, but we cannot guarantee complete protection against cyber threats. The Client is responsible for securing their accounts, credentials, and data.
• Third-Party Accounts: The Client must maintain active accounts/payments for third-party services (hosting, APIs, payment processors) required for operation. Failure to do so may result in service interruptions for which we are not liable.

Intellectual Property Rights

• Final Deliverables: Upon full payment, you receive full rights to the agreed final deliverables for your use.
• License Grant: Unless otherwise agreed, software and apps developed for you are provided under a non-exclusive, non-transferable license for your personal or business use.
• Restrictions: You may not sell, sublicense, reverse engineer, or commercially exploit our code, designs, or software without written consent.
• Pre-existing Materials: Any code libraries, frameworks, templates, or design elements created by us or third parties prior to your project remain our/their property.
• Portfolio Use: We reserve the right to showcase completed projects in our portfolio, case studies, and marketing materials unless you specifically request otherwise.
• Open Source & Third-Party Code: The Client acknowledges that software incorporates Open Source components (e.g., React, Node.js libraries). These remain subject to their respective licenses (e.g., MIT License) and are not owned by the Client or Boxative.
• Developer Tools: Boxative retains ownership of its proprietary boilerplate snippets and methods. We grant the Client a non-exclusive license to use these as part of the final deliverable.
• Updates & Modifications: We may update or modify software/websites we maintain for you. Material changes will be communicated in advance where possible.

Payment Terms

• Pricing: All prices are stated in EUR. Project costs are agreed upon before work begins.
• Kleinunternehmer Status: Boxative operates as a Kleinunternehmen gemäß § 19 UStG. No VAT is charged or shown on invoices.
• Payment Schedule: Typically 50% upfront, 50% upon completion, unless otherwise agreed.
• Late Payments: Overdue invoices may incur late fees as permitted by German law.
• Scope Changes: Changes to the agreed scope will be quoted separately and require written approval before proceeding.

Project Cancellation

• By Client: You may cancel a project with written notice. Payment is due for all work completed up to the cancellation date.
• By Boxative: We reserve the right to terminate a project if payment terms are not met or if collaboration becomes impossible.
• Delivery of Work: Upon cancellation, completed work will be delivered after final payment for that work.

Warranty & Liability

• Professional Standards: We deliver professional work that meets industry standards and agreed specifications. Bugs or defects in deliverables will be fixed within a reasonable warranty period after delivery.
• Warranty Period: For material defects, a warranty period applies as specified in your project agreement or as required by German law for commercial contracts.
• Limitation of Liability: Our liability for minor negligence is limited to the contract value, except for damages to life, body, or health, and for breach of essential contractual obligations.
• Full Liability: We remain fully liable for gross negligence, intent, or personal injury, as required by German law.
• Indirect Damages: To the extent permitted by law, Boxative is not liable for lost profits, loss of business, or indirect consequential damages.
• Third-Party Services: We are not liable for outages, changes, or issues with third-party services (hosting providers, APIs, payment processors, plugins) beyond our control.
• Client Responsibilities: You are responsible for the legality, accuracy, and rights to all content, images, and materials you provide. We are not liable for any illegal, harmful, or infringing content you submit.
• Website/Software Use: While we strive for reliability, we cannot guarantee uninterrupted or error-free operation of websites or software, as these depend on factors beyond our control (internet, hosting, etc.).

Legal & Jurisdiction

• Applicable Law: These terms are governed by German law.
• Jurisdiction: For business clients (B2B), jurisdiction is at our registered business location in Germany.
• Consumer Rights: If you are a consumer, mandatory consumer protection laws of your country of residence apply where required.
• GDPR Compliance: We comply with GDPR and German data protection laws. See our Privacy Policy for details.

Changes to These Terms

We may update these terms at any time to reflect changes in our services, legal requirements, or business practices.

• The latest version will always be available on this page with the update date shown at the top.
• For new projects, the current terms at the time of project commencement apply.
• For ongoing projects, the terms agreed at project start continue to apply unless both parties agree to changes.
• Your continued use of this website after updates constitutes acceptance of the revised terms.

Questions?

If you have any questions about these terms or our services, please contact us at: support@boxative.app